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VOL. 8, ISSUE 1 (2026)
Female prisoners in India: Challenges and evolving framework
Authors
Raina Godara Mann
Abstract
The incarceration of women in India is a
phenomenon that exposes the intersection of gender, poverty, and systemic neglect
in the criminal justice system. Though women constitute less than five per cent
of the total prison population, their experience is qualitatively different and
often more severe than that of their male counterparts. Their imprisonment is
marked not only by the deprivation of liberty but also by abandonment from
families, custodial violence, poor health facilities, separation from children,
lack of legal awareness, and prolonged undertrial detention. The constitutional
promise of equality and dignity has repeatedly been undermined within prison
walls, requiring continuous intervention by the judiciary to safeguard minimum
human rights. The Prisons Act of 1894, still the principal legislation,
reflects a colonial approach and is ill-equipped to respond to the special
needs of women inmates. Recent efforts such as the Model Prison Manual of 2016,
campaigns of the National Legal Services Authority, and judicial pronouncements
in cases like Sheela Barse, R.D. Upadhyay, and DK Basu have sought to evolve a
gender-sensitive custodial framework. Yet, implementation remains weak, and
systemic challenges persist. This article critically examines the condition of
female prisoners in India, the constitutional and statutory protections
available to them, the role of judicial interventions, and the evolving
framework of reforms. Drawing upon constitutional law, statutory analysis,
empirical studies, and international standards such as the Bangkok Rules and
the Mandela Rules, the article argues for a holistic approach that reimagines
incarceration in a manner consistent with human dignity, gender justice, and
social
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Pages:45-49
How to cite this article:
Raina Godara Mann "Female prisoners in India: Challenges and evolving framework". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 45-49
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